International Labor Law No. 6735 regulates the work permit of foreigners in Türkiye. While it may be allowed, it may also be cancelled for certain reasons.
Reasons for Cancellation
- The foreigner who has received the permit does not start working (usually 6 months).
- Change of employer (no new permit).
- Permission obtained with incorrect/incomplete information.
- A foreigner committing a crime.
- Posing a threat to public security.
- Employer's failure to comply with obligations.
- Foreigner staying outside the country for more than 6 months.
Cancellation Process
Administrative Objection Procedure
- Annulment case in the administrative court within 60 days of the cancellation decision.
- Request for stay of execution is required.
- The decision comes from the administrative court; way of appeal.
- Individual application to the Constitutional Court after domestic remedies have been exhausted.
Connection with Deportation
A foreigner whose work permit is canceled may also lose the level of his residence permit; LFIP Article 54 deportation decision is on the agenda. In this case:
- Family unity claim.
- Prohibition of refoulement (ECHR art. 3).
- Humanitarian situation.
- Application for citizenship.
10th Chamber of the Council of State — Established Approach
The 10th Chamber of the Council of State and the administrative courts apply the criteria of "proportionality" and "reasonable justification" in work permit cancellation decisions; It accepts that cancellation for purely formal reasons may be unfair and that the foreigner's family situation and investments in Türkiye should be taken into consideration.
Employer's Liability
- The employer notifies cancellation of leave as a reason for dismissal.
- Payment of the worker's final wages and rights.
- Foreigners' severance pay.
- Refund of fees paid for the work permit (according to the contract).
Practical Tips
Work permit cancellation is a serious process. Foreigners and administrative law lawyer recommended.